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The law is a frequently overlooked tool for addressing the complex practical and ethical issues that arise from the HIV/AIDS pandemic. The law intersects with reproductive and sexual health issues and HIV/AIDS in many ways. Well-written and rigorously applied laws could benefit persons living with (or at risk of contracting) HIV/AIDS, particularly concerning their reproductive and sexual health. Access to reproductive health services should be a legal right, and discrimination based on HIV status, which undermines access, should be prohibited. Laws against sexual violence and exploitation, which perpetuate the spread of HIV and its negative effects, should be enforced. Finally, a human rights framework should inform the drafting of laws to more effectively protect health.

Date posted: May 22, 2009
; Last revised: June 21, 2011

Suggested Citation

Gable, Lance and Gostin, Lawrence O. and Hodge, James G., HIV/AIDS, Reproductive and Sexual Health, and the Law (May 18, 2009). American Journal of Public Health, Vol. 98, No. 10, pp. 1779-1786, 2008; Wayne State University Law School Research Paper No. 10-22; Georgetown Public Law Research Paper No. 1406570. Available at SSRN: http://ssrn.com/abstract=1406570 or http://dx.doi.org/10.2139/ssrn.1406570